Borrower Agent. Each Borrower hereby designates Parent ("Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans, designation of interest rates, delivery or receipt of Communications, delivery of Borrower Materials, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent xxxxxx accepts such appointment. Agent and Lenders shall be entitled to rely upon any Communication (including any Notice of Borrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any Communication, delivery, action, omission or undertaking by Borrower Agent shall be binding upon and enforceable against such Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.)
Borrower Agent. Each Borrower hereby designates Parent the Company ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, delivery of Borrower MaterialsBorrowing Base and financial information and reports, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent xxxxxx accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice notice of Borrowingborrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (Orion Energy Systems, Inc.)
Borrower Agent. Each Borrower hereby designates Parent ("Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans, designation of interest rates, delivery or receipt of Communications, delivery of Borrower Materials, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent xxxxxx hereby accepts such appointment. Agent and Lenders shall be entitled to rely upon any Communication (including any Notice of Borrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any Communication, delivery, action, omission or undertaking by Borrower Agent shall be binding upon and enforceable against such Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.)
Borrower Agent. Each Borrower hereby designates Parent the Company ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, delivery of Borrower MaterialsBorrowing Base and financial information and reports, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent xxxxxx hereby accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice notice of Borrowingborrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.)
Borrower Agent. Each Borrower hereby designates Parent Xxxx ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, delivery of Borrower MaterialsBorrowing Base and financial information and reports, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent xxxxxx hereby accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice notice of Borrowingborrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Arlo Technologies, Inc.)
Borrower Agent. Each Borrower hereby designates Parent Hooker Furnishings ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, delivery of Borrower MaterialsBorrowing Base and financial information and reports, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent xxxxxx accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice of Borrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (HOOKER FURNISHINGS Corp)